A. 
Front yard exception for existing building alignment. Where at least 50% of the lots on the same side of the street and within 500 feet of the side lines of a lot on which a single- or two-family dwelling is proposed have been improved with single- or two-family dwellings, no front yard for such proposed dwelling need be greater than the average front yards of the aforesaid improved lots.
B. 
Exceptions to yard requirements. The following features may extend into any yard for distances not to exceed those specified:
(1) 
Cornices, canopies, eaves or similar features, at least 10 feet above finished grade: two feet six inches.
(2) 
Open fire escapes: six feet.
(3) 
Terraces, decks, uncovered porches and uncovered stairs, whether constructed of wood or masonry above or below grade, with floor levels no higher than the building entrance: six feet into front and rear yards, three feet into side yards and no closer than five feet to any side lot line.
[Amended 8-12-2003]
(4) 
Chimneys: 18 inches.
C. 
Exceptions to yard requirements. The following features, where permitted, may be located in any yard:
[Added 2-14-1995[1]]
(1) 
Signs.
(2) 
Gas pumps.
(3) 
Light, utility and flag poles.
(4) 
Landscape features, such as but not necessarily limited to fountains and sculpture.
[1]
Editor's Note: This resolution also provided for the relettering of former Subsections C, D, E and F as Subsections D, E, F and G, respectively.
D. 
Fences and walls.
(1) 
The yard requirements of this chapter shall not be deemed to prohibit any otherwise lawful fence or wall, except as specified in Subsection E. In any residential district, no fence or wall shall exceed six feet in height in any front or side yard nor eight feet in height in any rear yard. In any residential district, the finished side of a fence shall face adjoining property, and all exposed stands and braces shall face the interior property. In any residential district fencing around tennis courts shall not exceed 10 feet in height. In any commercial or industrial district the height of a fence or wall shall not exceed six feet in height in any front or side yard nor eight feet in height in any rear yard unless otherwise approved by the Planning Board on a site development plan.
[Amended 2-14-1995; 8-12-2003]
(2) 
Any proposed retaining wall with an exposed face greater than four feet in height and any proposed impervious surfaces within 20 feet of a lot line must be approved by the Town Engineer or his designated representative for drainage adequacy.
(3) 
In any zoning district when a fence is placed on top of a wall, the height of the wall is to be considered when calculating the height of a fence placed on top of it, where either the fence or the wall are within five feet of a property line and where the fence and the wall are within three feet of each other.
[Added 8-12-2003]
E. 
Obstruction to vision at street intersections. At all street intersections in all districts, no obstructions to motorist vision exceeding three feet in height above street pavement level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street line 30 feet distant from their point of intersection.
F. 
Exception to maximum height limitations.
(1) 
Buildings owned and occupied by and devoted exclusively for use by government or government agencies and public schools may be erected to a height not exceeding 75 feet, provided that the front, rear and side yards shall each be increased one foot for each one foot by which such building exceeds the height limit established for the district in which the building is located.
(2) 
The height limitations of this chapter shall not apply to chimneys constructed in accordance with the New York State Uniform Code nor to elements located on roofs, including roof antennas, towers, gables, scenery lofts, cupolas, water tanks, necessary mechanical equipment and similar structures not for human occupancy, provided that none of the aforementioned structures shall cover at any level more than 25% of the area of the roof on which they are located, and further provided that no such structure shall be used for human occupancy.
G. 
Additional density and site design standards for land to be subdivided.
(1) 
Additional density standards for lots to be created by subdivision.
(a) 
Purpose. The way in which presently undeveloped acreage in the Town is developed is of critical importance to the public interest. The dimensional standards for lot areas contained in § 307-17 of this chapter are minimum standards, in some cases reflecting dimensions that were established by platting in the first half of the twentieth century when there was no Planning Board, subdivision regulations, zoning ordinance or other comprehensive review of land use development. Recent experience has shown that lots created by Planning Board subdivision approval frequently have exceeded the minimum standards due to the nature of the topography and geology of the Town, particularly in areas where there are environmentally sensitive lands. This subsection supplements the minimum standards with standards for land to be subdivided which take into account the Town's environmentally sensitive lands, which include wetlands, floodplains and steep slopes. It is the purpose of this subsection to maintain and protect environmentally sensitive lands in order to ensure the public health, safety and welfare of present and future residents of the Town of Cortlandt by reducing the potential amount of development on vacant parcels with steep slopes, wetlands and floodplains. Standards for development of environmentally sensitive areas where development cannot be avoided altogether are established in other ordinances of the Town of Cortlandt.
(b) 
Construction. Activities within wetlands, water bodies and watercourses, areas of special flood hazard and steep slopes shall be subject to the provisions of Local Law No. 3-1987, the Wetlands, Water Bodies and Watercourses Law, Local Law No. 4-1987, the Flood Damage Prevention Law, and Local Law No. 1-1992, the Steep Slopes Protection Law, of the Town of Cortlandt Code.[2]
[2]
Editor's Note: See, respectively, Ch. 179, Freshwater Wetlands, Water Bodies and Watercourses; Ch. 175, Flood Damage Prevention; and Ch. 259, Steeps Slopes.
(c) 
Standards for lot count. For all major subdivision applications, the maximum number of lots or dwelling units (N) which the Planning Board may approve for land to be subdivided shall be the whole number (all fractions excluded) which results from the following calculation:
[Amended 9-14-2004]
Gross parcel area (GPA), minus areas of wetlands, water bodies and watercourses (WWW), including 50% of the buffer area (BA), as defined in Chapter 179 of the Town Code, Wetlands Ordinance, minus areas of freshwater wetlands (FW), including 50% of the buffer area (BA), as defined in Article 24 of the NYS Environmental Conservation Law, minus areas within the one-hundred-year flood boundaries (FB), as defined on the Flood Boundary and Floodway Map issued by the Federal Emergency Management Agency, minus steep slopes (SS), defined as land with a slope greater than 20%, minus 10% of net parcel area (NPA).
Lot count formula is:
N = (GPA - WWW - 50% BA - FW - 50% BA - FB - SS) - 10% NPA
MLS
MLS is the minimum lot size required in the zoning district in which the land is located.
NOTE:
*The ten-percent NPA deduction is to be made only when streets are included within the subdivision.
(d) 
Procedures for steep slope delineations. The procedure to be utilized in quantifying the areas of steep slope for the purpose of determining the number of lots or units as specified in Subsection F(1)(c) shall be as follows:
[1] 
Scale of map shall be either one inch equals 50 feet or one inch equals 100 feet with a two-foot contour interval.
[2] 
All areas of steep slopes shall be shown on the Lot Count Map. Areas of steep slopes used in lot count calculations and inclusions of 20% or less, too small to be excluded, shall be clearly differentiated from steeply sloping land which has not been included. Determination for inclusion in lot count calculations shall be made by applying the guidelines in Subsection F(1)(d)[8] and [9] below.
[3] 
Calculations pursuant to the formula contained in Subsection F(1)(c) shall be included on the Lot Count Map.
[4] 
Sources of all topographic and other survey data shall be identified on the Lot Count Map.
[5] 
The Lot Count Map, including all steep slope quantifications and calculations, shall be sealed by either a licensed professional engineer, licensed surveyor, licensed landscape architect or registered architect.
[6] 
The original Mylar(s) or other dimensionally stable transparency and a minimum of two copies of the original Lot Count Map shall be submitted to the Department of Planning and Community Improvement.
[7] 
Steep slopes shall be determined by measuring at right angles to contour lines. Whenever the distance between two adjacent contour lines is less than 10 feet, such area shall be shaded as steep slope on the worksheet maps. Limits of steeply sloping land shall be shown as a curvilinear line smoothly transitioning between points. Allowances shall be made for the continuation of steeply sloping land at the top and bottom of such slopes. These methods are illustrated below in Figure 1.
[8] 
On the Lot Count Map and in the lot count calculations, an area of less than 25% slope located within an area which generally is a steep slope area shall be included as a part of such steep slope area, unless it is large enough to contain a fifty-foot-diameter circle as shown in Figure 2.
[9] 
On the Lot Count Map and in the lot count calculations, the minimum area to be considered a steep slope area shall be large enough to contain a fifty-foot-diameter circle as shown in Figure 3. When applying this guideline, steep slope areas continuing offside or into wetlands shall be considered.
[10] 
Topographic mapping.
[a] 
All topographic mapping used for lot count calculations shall be in the National Geodetic Vertical Datum (NGVD) of 1929. At least three recently established or recently recovered bench marks shall be properly plotted on the same, together with their complete descriptions and elevations. These bench marks shall be readily accessible and located either on the subject parcel or in nearby public rights-of-way. They shall be geographically distributed so as to make their use generally convenient.
[b] 
The boundary (property line) of the subject parcel shall be clearly marked on the topographic map(s) and complete metes and bounds information provided, together with a printout or list of coordinates to permit random mathematical scale checks. These scale checks will be used to prorate areas by the appropriate squared scale factor.
[c] 
Photogrammetry used for this purpose shall be compiled to national map accuracy standards from current aerial photography. All areas of dense foliage shall be clearly identified, and contours in these areas shall be verified by direct field work, otherwise these areas shall be considered steep slope areas.
(2) 
As determined by the Planning Board, the recreation area requirement shall be satisfied by either:
(a) 
A reduction of N in the calculations in this subsection by 10% and a designation of at least one acre of land for every 20 dwelling units for active recreation;
(b) 
Payment of an in-lieu-of-recreation-area fee at a rate per dwelling unit as required per building lot in Chapter 265, Subdivision of Land, of the Town of Cortlandt Code; or
(c) 
A combination of a reduction of N in the calculations in this subsection and the designation and development of active recreation facilities that would be commensurate with alternatives in Subsection F(2)(a) and (b).
(3) 
Calculations.
(a) 
For purposes of the calculations in this subsection, if a parcel falls in more than one zoning district, zoning district lines shall be treated as hypothetical lot lines, and separate calculations shall be made for each portion of the parcel so divided by zoning district lines.
(b) 
For purposes of the calculations in this subsection, areas falling under more than one category to be subtracted from the gross parcel area shall be subtracted only once.
[Amended 4-15-1997]
A. 
Purpose. The purpose of a cluster development shall be to enable and encourage flexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of open lands.
B. 
Authorization required.
(1) 
The Town Board may at the request of a property owner or at the request of the Planning Board, authorize the Planning Board to approve a cluster development simultaneously with the approval of a plat or plats pursuant to §§ 276, 277 and 278 of the New York State Town Law and pursuant to Chapter 265, Subdivision of Land, of the Town of Cortlandt Code.
(2) 
Cluster development may be allowed in any R Zoning District or any CC Zoning Districts.
(3) 
Unless otherwise stated in their resolution, Town Board authorizations for cluster development shall be valid for two years from the adoption date of such resolution to obtain preliminary approval.
C. 
Conditions.
(1) 
This procedure may be followed at the discretion of the Planning Board if, in the Planning Board's judgment, its application would benefit the Town. In granting such authorization to the Planning Board, the Town Board may also authorize the Planning Board to require the owner to submit an application for cluster development subject to the standards contained herein.
(2) 
A cluster development shall result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the zoning ordinance applicable to the zoning district in which such land is situated ana conforming to all other applicable requirements, including but not necessarily limited to the additional density and site design standards contained in § 307-18G above and to the provisions of the New York State Environmental Quality Review Act.
(3) 
Where the plat falls within two or more districts, the Planning Board may approve a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts and may authorize actual construction to take place in all or any portion or one or more of such districts.
(4) 
The Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such open lands shown on the plat as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands. The Town Board may require that such conditions shall be approved by the Town Board before the plat may be approved for filing.
(5) 
The plat showing such cluster development may include areas within which structures may be located, the height and spacing of buildings, open spaces, streets, driveways and any other features required by the Planning Board. In the case of a residential plat or plats, the dwelling units permitted may be, at the discretion of the Planning Board, in detached, semidetached, attached or multistory structures.
D. 
Application, notice and public hearing. An application for cluster development shall be submitted to the Planning Board and acted on in the same manner as required for subdivision plans under Chapter 265, Subdivision of Land, of the Town of Cortlandt Code. The proposed development shall be subject to review at a public hearing or hearings held pursuant to § 276 of the New York State Town Law, and Chapter 265 of the Town Of Cortlandt Code for the approval of plats.
E. 
Filing of plat. On the filing of the plat in the office of the County Clerk, a copy shall be filed with the Town Clerk, who shall make appropriate notations and references thereto on the Town Zoning Map required to be maintained pursuant to § 264 of the New York State Town Law.
F. 
Effect. The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in the zoning ordinance or local law applicable to such lands.
G. 
Perimeter setbacks.
(1) 
With respect to land to be subdivided pursuant to § 278 of the New York State Town Law, the minimum building setback from the perimeter property lines of the parcel to be subdivided shall be according to the following schedule:
(a) 
One-family dwellings and permitted accessory buildings: the same as required in the zoning district in which they are located.
(b) 
Two- three- and four-family dwellings: twice as required for a one-family dwelling in the zoning district in which they are located, to a maximum of 75 feet.
(c) 
Multifamily dwellings (five or more dwelling units): 75 feet.
(2) 
Accessory buildings, except those accessory to a one-family dwelling, shall not be located in the perimeter setback areas required under this subsection.
H. 
With respect to land to be subdivided pursuant to § 278 of the New York State Town Law, accessory vehicle parking, except that accessory to a one-family dwelling, shall not be located within 20 feet of the perimeter property lines.
I. 
Building height. Unless otherwise specified in a delegation of authority to the Planning Board pursuant to § 278 of the New York State Town Law, the maximum height of buildings shall be as permitted in the zoning district in which they are located.
J. 
Parking spaces. With respect to land to be subdivided pursuant to § 278 of the New York State Town Law, off-street parking spaces shall be provided at a ratio of 2.0 parking spaces per dwelling unit or greater. Off-street spaces may be located within a building or outdoors.
[Added 8-15-2023 by L.L. No. 6-2023]
If a property owner is able to provide evidence to the satisfaction of the Town Attorney's Office that it conveyed property to an adjacent property owner who was encroaching upon its property rather than bring an action for ejectment, then the setbacks for the property conveying a portion of its land shall be calculated using the boundaries prior to the conveyance. In no event shall the setbacks be less than 1/3 of that required for the particular zoning district.